Dog Legislation Council of Canada

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THE CORPORATION OF THE TOWNSHIP OF MARIPOSA


BEING A BY-LAW FOR THE LICENSING AND REGULATION OF DOGS WITHIN THE TOWNSHIP OF MARIPOSA.

WHEREAS the Dog licensing and Livestock and Poultry Protection Act provides that By-laws be passed by Council of a local municipality for licensing and requiring the registration of dogs and for prohibiting or regulating the running at large of dogs in the Municipality.

WHEREAS the Ontario Municipal Act Part 104 and Part 210 allows the passing of by-laws regulating the keeping of animals and regulations for the health, safety and welfare of the inhabitants of the municipality.

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF MARIPOSA ENACTS AS FOLLOWS:

1. DEFINITIONS
    (a)    "abused dog"...means any dog which is;
            (1)    mistreated, beaten, tormented or teased
            (2)   deprived of water, or food, or shelter
            (3)   kept under unsanitary conditions
            (4)   abandoned
            (5)   trained for fighting other animals

    (b)    "at large"...means of the premises of the "owner" or keeper and not under the control of any person by any means. Mere presence of the "owner" or keeper does not indicate control.  "At large" may also include a leashed dog which is not under the control of the "owner" or keeper.

MUNICIPAL ACT-----SECTION  210   4

    (c)    "By-Law Enforcement Officer" includes a person or persons appointed by the By-Law of the Township of Mariposa for the purpose of enforcing the provisions contained in this By-Law or any of the other By-laws of the Corporation.

    (d)    "dog" means male or female dog - DOG LICENSING AND LIVESTOCK AND     
            POULTRY PROTECTION ACT------SECTION 123-1


    (e)    "Dog Control Officer" means any person appointed by the By-Law of the Council for the Corporation for the purpose of enforcing the provisions of this By-Law or any act of the Legislature giving local municipalities authority to regulate or control any dog or its "owner".

    (f)    "enclosure"...means a pen or kennel run of sufficient height and stability to contain a specific dog and forming a confined area with no sides sharing a common fencing with a perimeter fence.  It must be capable of confining a dog in a secure and humane manner and approved by the By-Law Enforcement Officer.  The enclosure must have a secure top attached to all sides. The sides must either be buried two feet into the ground or sunken into a concrete pad.  The gate to the pen or kennel run must be self closing and have a lock.

    (g)    "hearing"...means the consideration of evidence presented by a "panel" including the following of Schedule A (evidence) as a means of assessing the degree of infraction and whether or not there has been an infraction.

    (h)    "kennel"...means a place, whether enclosed or not, where dogs are kept for the purposes of breeding, boarding or commercial purposes.                  

    (i)    "notice"...means any communication whether in writing or verbal.

    (j)    "nuisance dog"...means any dog in non compliance with the Township of Mariposa Leash By-Law.

    (k)    "owner"...of a dog includes a person who possess or harbours a dog, and where the owner is a minor, the person responsible for the custody of the minor.(Municipal Act, Sec.210, 6a {a} )

    (l)    "panel"...means three persons selected by the Township of Mariposa By-Law Enforcement Office in sequence from a list of qualified individuals - with at least one person familiar where possible with the particular breed type in question - who are knowledgeable about dog behaviour, including but not limited to Veterinarians, dog obedience trainers, dog handlers, and dog breeders.  The Township of Mariposa By-Law Enforcement Officer shall establish, control and maintain this list.  The assistance of other organizations may be solicited in establishing and compiling the list.  In no case may the By-Law enforcement Officers be allowed to be included on this list.   MUNICIPAL ACT----SECTION   210-6 (C)

    (m)    "pure-bred"...means
       (1)    registered or eligible for registration in the register of the Canadian Kennel Club, Incorporated, or,
       (2)    of a class designated from time to time as pure bred in the regulations pursuant to the Dog Licensing and Livestock and Poultry protection Act, R.S.O. 1980, Chapter 123.

    (n)    "potentially dangerous dog"...means
            (1) any dog that without provocation and while at "large" approaches in an obviously and distinctly threatening manner, any person, or,
            (2) any dog which attacks and injures another domestic animal without provocation,
           (3) any dog which is allowed to injure or kill wildlife
           (4) any abused dog not withstanding clause   n) 2)

    (o)    "Township"...means the Corporation of the Township of Mariposa.

    (p)    "vicious dog"...means
            (1) any dog that inflicts injury by biting or by attacking upon a human being 
            (2) any dog owned or harboured primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
            (i)    in the instance that serious injury is inflicted on a Human Being under the criterion of either  p) (1) or  p) 2) then this instance is to be reviewed by a "hearing" by a "panel" in order that it be determined if the action on the part of the dog was warranted and normal behaviour in light of individual circumstances of the event, with consideration for;  DOG OWNERS LIABILITY ACT-[65,400]  FINES $5000.00 [65,050]  AND SECTION [65,300]
                    (a) no dog is arbitrarily considered "vicious" for inflicting injury or damage on a person committing a wilful trespass or other tort upon the premises occupied by the owner of the dog, or teasing, tormenting, abusing or assaulting the dog or committing or attempting to commit a crime.
                    In the same context no dog will be arbitrarily be considered "potentially dangerous" for inflicting injury or damage on a domestic animal that was teasing, tormenting, abusing or assaulting the dog.
                 (b) no dog is considered "vicious" for taking action to defend or protect the owner or other person from an attack or assault by another person or animal.
                    (c) no dog is arbitrarily considered "vicious" or "potentially dangerous" if it is protecting or defending (erroneously or otherwise) its young or other animal.  The owner will however be held responsible and correspondingly charged if by negligence or by choice he allows innocent persons or animals to be injured by a dog known to be in the situation where it would feel compelled to protect its young or other animals.  It is the responsibility of the owner to be knowledgeable of his dogs idiocincracies.

            The fine will be a minimum of $50.00 to a maximum of $500.00

            Infractions will be decided by the By-Law Enforcement Officer unless by his/her choice he/she wishes a "hearing" by a "panel".

2.           REGULATIONS

2.  (a)    Unless otherwise provided in this By-Law, the "owner" of every dog in the Township of Mariposa shall before the 31st day of March in each year cause the same to be registered and licensed either at the office of the Clerk of the Township of Mariposa, at Oakwood, or, with Dog Control Officer, and shall cause any dog so registered and licensed to wear upon its neck a collar to which shall be attached a dog tag issued by the Township for the current year.

    (b)    Each dog tag shall bear a serial number and the year of issue and a record shall be kept in the Township office showing the serial number of all issued tags and the name and address of the "owner" in each case.
   
    (c)    If a tag is lost or misplaced for any reason, the "owner" shall make application for, and upon payment of a fee of $.0.25, shall be entitled to a replacement tag.
   
    (d)    Every license shall be for the calendar year in which it was issued and shall expire on the 31st day of December of the year in which it was issued.
   
    (e)    This section shall not apply to a dog found within the Township of Mariposa and properly licensed for the current year by another Municipality.

3.    (a)    Upon procuring a license tag in accordance with the provisions of Paragraph 2, a person so applying shall pay a license fee as follows: MUNICIPAL ACT   210  6d  AND THE DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION ACT CHAPTER 123 PART 1    2(1)
            i)   for a male/female dog - $10.00
            ii)  for a second male/female - $10.00
            iii) for each additional dogf male/female - $10.00
   
    (b)    The owner of a "kennel" of "pure bred dogs" may apply for a special license which will include all pure bred dogs within the "kennel".  This license shall be called a Kennel License and can only be issued to said persons if they are currently members of and in good standing with the C.K.C.--DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION ACT SEC. 123 3.

    (C)    The Owner of a kennel of purebred dogs registered in the Register of The Canadian Kennel Club, shall apply for all pure bred dogs within the Kennel and such license shall be regulated as follows:
            i)    The annual fee for a kennel license shall be $25.00 payable to the Clerk of the Corporation, or to the Dog Control Officer, and the owner shall not be liable to pay any further license fee in respect of such purebred dogs while they remain in the kennel.
            ii)    Before licensing any such kennel, the Township may require the owner thereof to produce evidence satisfactory to it that the kennel is being or shall be operated, as the case may be, within acceptable health standards.
                   DOG LICENSING AND LIVESTOCK AND POULTRY PROTECTION ACT 123    3

4.    (a)    No person shall allow a dog to run at large in the Township of Mariposa MUNICIPAL ACT SEC. 210   6 (f)

    (b)    Any dog running at large contrary to the provisions of this By-Law may be seized, inpounded, killed or otherwise disposed of by such person as may be duly authorized to so do as hereinafter provided, namely,
                i) it shall be the duty of the "Dog Control Officer" to capture any dog running at large contrary to the provisions of this By-Law and to impound or destroy such dog.  DOG LICENSING AND LIVE STOCK AND POULTRY PROTECTION ACT  CHAPTER 123 SEC   9
                ii)  the "owner" of any dog or dogs so seized or impounded and which bear a dog tag for the current year, may be permitted to redeem the dog or dogs within four days from the time of notice of seizure by paying to the Clerk of the Township the sum as provided in the schedule of fees.  Schedule B.

    (c)    All dogs impounded under the provisions of this By-Law and which are not redeemed within four days from notice of such impounding may be sold or destroyed.

    (d)    Any person shall be entitled to take charge of any dog found running at large but shall forthwith deliver the dog to an "Dog Control Officer", unharmed only.

    (e)    For the purpose of this section, notice may be given verbally by the "Dog Control Officer" to the "owner' or "owners" in question.

5.    (a)    Where a dog running "at large" appears to be of a vicious nature or has caused damage to property, any person authorized to seize a dog running "at large" contrary to provisions of this By-Law, may immediately kill such dog.
   
    (b)    No damage or compensation shall be recovered or recoverable on account of the disposition or destruction of any dog persuant to this By-Law or any Act of the Legislation.

6.        Every "owner" of a dog shall have the dog innoculated with a rabies vaccine at least once every twelve (12) months, and shall produce evidence of such innoculation to any "Dog  Control Officer" on demand, or such innoculations will be deemed non existent.

7.        No "owner" shall allow his dog or dogs to become a nuisance by howling or barking excessively.  Any person so aggrieved by the howling or barking of a dog or dogs may appear before a Justice of the Peace and swear an information charging the Owner with a breach of this Section.  Municipal Act 210/132

8.        Any person who owns or harbours a dog shall remove forthwith excrement left by the dog anywhere in the Township.

9.    (a)     No person may own any dog for the purpose of fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging that dog to engage in unprovoked attacks upon human beings or domestic animals, nor may any person participate in, promote, or allow property the person owns to be used for dog fighting.  Fines for infractions of this clause will be from $500.00 to $2000.00 and be decided by the Courts.
   
    (b)    Any person found guilty of deliberately teasing a dog and causing aggressive, anti-social behaviour in the dog without the owner's knowledgee and consent will be fined $50.00 for the first offence and $75.00 for the second offence.  In the case of minors the fine will be the responsibility of the parent or guardian.  This penalty will be levied against any individual deliberately harrassing by gesture, physical abuse, voice, or by any other means which results in anti-social behaviour of any dog without the "owners" consent.

10.        No person may posses with intent to sell, or offer for sale, breed or buy or attempt to buy within the limits of the Township of Mariposa, any dog determined to be "vicious" under definition of clause p) (1) and p) (2), of this By-Law and determined by a "hearing" or by the Court.

11.        In the event that the "Dog Control Officer" has probable cause to believe that a dog is vicious, he/she may convene a "hearing" to determine whether the dog in question should be declared "vicious".  The "Dog Control Officer" shall notify the owner that a "hearing" will be held, at which time the owner of the dog may  present evidence why the dog should not be declared "vicious".  The "hearing" shall be held between five and ten days after the "owner" is given notice.  MUNICIPAL ACT SEC 210    (1)

12.        After the "hearing" the "owner" of the dog and the "Dog Control Officer" shall be notified in writing of the determination of the "panel".  If the determination is made that the dog is "vicious" the "owner" shall comply with the provisions of the By-Law in accordance with a schedule established by the "Dog Control Officer", but in no case more than thirty days subsequent to the date of the determination.  If the "owner" contests the determination, the "owner" may, within five days of such determination bring a petition in the County Court, requesting that the court conduct it's own hearing on whether the dog should be declared "vicious".  After service of notice to the "Dog Control Officer", the court shall conduct a hearing De novo and make its own determination.  If the court rules the dog to be "vicious" the court may establish a schedule to ensure compliance with this By-Law, But in no case more than thirty days subsequent to the Court's determination.  The court may decide all issues for or against the "owner" of the dog whether or not the "owner" appears at the "hearing".    MUNICIPAL ACT SEC 210  (1)

13.        In the event that the "Dog Control Officer" has probable cause to believe that the dog in question is vicious and may pose a threat or serious harm to persons or other domestic animals, then the "Dog Control Officer" may sieze and impound the dog pending the aforesaid "hearing".  Subject to the approval of the "Dog Control Officer" the dog may be impounded in a facility agreeable to the "owner".  If the dog is found to be "vicious" the "owner" of the said dog shall be liable to the "Township" wherein the dog is impounded for the costs and expenses of keeping the dog. 
            The "Dog Control Officer" may establish a schedule of payment of these costs.  The "owner" shall incur the expense of impounding the dog in a facility other than the "Township" pound whether the dog is found "vicious" or not.

14.        Any dog shall be deemed "potentially dangerous" if it without provocation kills, wounds, or assists in killing or wounding any domestic animal or any wildlife while off the property of the "owner".  The "owner" of the dog shall be held responsible and shall be held in noncompliance with this By-Law and fined $100.00 and shall reimburse the owner of the animal attacked for replacement of the attacked animal and/or veterinary expenses.  In addition the "Dog Control Officer" is empowered to immediately sieze and impound (if the "owner" is not present) the dog and after expiration of ten days waiting period following the impoundment, to humanely euthanize the "potentially dangerous" dog.

15.        Any dog that without provocation (with consideration to clause n)(1),(2),and (3)) and while "at large" approaches a person or animal under control of a person (leashed) in an obviously and distinctly threatening manner shall be deemed "potentially dangerous".  The "owner" of the "potentially dangerous" dog shall be liable for a fine of $50.00 for the first offence and $100.00 for subsequent offences of the above nature.

16.a)    Any "abused" dog shall be deemed "potentially dangerous".  The "owner" of an "abused" dog who has allowed, aided in or has been the cause of the dog's becoming "abused" will be fined a minimum of $100.00 to a maximum of $1000.00 and be restricted from owning a dog for from a minimun of two years to a maximum of total restriction of ownership of a dog within the limits of the Township of Mariposa for as long as the individual resides in the "Township".  The "Dog Control Officer" is empowered to immediately sieze and impound the dog if in his opinion it is deemed necessary. 

    b)    Upon confirmation of the guilt of the "owner" either by acceptance of the opinion of the "Dog Control Officer" or by "hearing", the dog may be resold, handed over to the local Humane Society, placed in a home acceptable to the "Dog Control Officer", or humanely euthanized.  If it is decided that the dog is not "abused" then the dog will be returned to it's "owner" with a warning and a clarification of the "Township" By-Law recited to the "owner".
           
    c)     In the case that the animal is relocated to a new home, the status of the dog at the discretion of the "Dog Control Officer" and not withstanding clause n)2) may be re evaluated from "potentially dangerous" to "nuisance" dog.

17.    The "owners" of dogs deemed to be "potentially dangerous" by the "Dog Control Officer" may request a "hearing" to establish the status of the dog.  The decision of the "hearing" will be binding.  The "owner" of the dog will give to the "Township" a deposit of $50.00 in the instance that he/she desires a "hearing" to determine the status of the "potentially dangerous" dog.  The deposit will be refunded if the "panel" at the "hearing" find infavor of the "owner".  The request for a "hearing" must be made within two working days of the original decision of the "Dog Control Officer".  The "hearing" shall be conducted in from five to ten days after the date of the request.

18.a)     All dogs designated to be "potentially dangerous" shall be required to be kept in the residence of the "owner" or in an "enclosure" when the "owner" of the "potentially dangerous" dog is not at the residence where the said dog is being kept.  Any dog designated as being "potentially dangerous" will not be allowed off leash within the "Township" limits unless within an adequately fenced portion of the "owner's" property or on property adequately fenced belonging to a consenting individual.    DOG OWNERS LIABILITY ACT---[65040, 65050]
           
    b)    If the "owner" of a determined "potentially dangerous" dog fails to either provide proof or assurance satisfactory to the "Dog Control Officer" that the dog will now be confined and restrained in compliance with the provisions of this By-Law, or fails to claim the dog from the Pound chosen by the "Township", if it has been previously impounded, and if the dog cannot be adopted by someone providing assurance that it will be kept confined and restrained as specified in this By-Law then the dog may be humanely euthanized after ten days.
   
    c)    Any person/"owner" violating the terms of the clause shall be punished upon first offence by a fine of $100.00.  The fine will be subsequently increased by $100.00 for each repeat offence a maximum of $500.00 and withdrawl of the "owner's" licence to own a dog for two years.

19. a)    Any dog that without provocation, considering clauses n)1),2),3), causes injury by biting or by serious attack to a human being shall be subject to the procedures in clauses 11 and 12, declared vicious.

    b)    Upon such an attack or assault the "Dog Control Officer" is empowered to sieze and impound the alledged "vicious" dog if the conduct ot the "owner" or the dog cause in his opinion the necessity of the action to protect the public.

    c)    The "owner" may designate a consenting kennel or veterinary clinic as an alternative to "Township" facilities for confinement.  All kenneling in facilities other than that of the "Township" will be payable by the "owner" of the dog.

20.a)    A dog causing undue public concern for safety by lunging fiercely and forcefully against a fenced enclosure within which is kept shall be investigated and dealt with by the "Dog Control Officer".
     b)    Complaints arising from such a situation will give the "Dog Control Officer" the right to inspect the premises in which the dog is kept.  If there is boubt in the mind of the "Dog Control Officer" that the dog is not securely confined then he may require the "owner" to either reinforce the perimeter fence or construct the perimeter fence of a material thru which the dog cannot see.  The "owner" may construct an adequate kennel run with proper shelter from the elements and the dog will be required to be confined when the owner is not home or cannot supervise his/her dog.

21.        Dogs kept as compound dogs to guard property in the absence of any resposible handler or "owner";
     
        a)    The "owner" or individual hiring the services of such a dog will pay a licence fee of $100.00 per year, per dog.

        b)    The fenced perimeter of the area in which the dog or dogs serve as compound guard dogs will be inspected by the "Dog Control Officer" and must pass his inspection before and guard dog may be turned loose unsupervised.

        c)    In the event that a dog escapes from the enclosure the individual hiring the services of the dog will be liable to a fine of from $50.00 to $500.00

        d)    The fine will be levied by the "By-Law Enforcement Officer".

        e)    In the event that the services of such a dog are required for less than one year then the licence will be issued for the partial estimated year always as long or longer than required never less.

22.        In the case that a dog declared "vicious" is not euthanized:
            If it is concluded that the dog declared "vicious" can be retrained and socialized and that the bite or injury from the attack was the result of improper or negligent training, handling or maintenance, the dog licence to the "owner" shall be reissued with conditions and restrictions imposed for the training, socialization, handling and maintenance of the dog to protect the public.  It must be properly concluded that the "owner" is able and willing to properly carry out these restrictions and conditions and that a similar incident is not likely to occur in the future.  Prior to the reissuance of a permanent licence, the "owner" of the dog shall show proof that he/she and the dog have succeessfully completed a training course and show proof of an "enclosure" where the "vicious" dog must be kept is outside the residence when the "owner" or custodian is not physically present with the dog when the dog is on the "owner's" property.

            Non compliance will result in a fine of $200.00 and repeated infractions will result in impoundment of the dog, euthanization of the dog, and the revoking of the "owner's" right to acquire a dog licence for from two years to a permanent ban.  The "Dog Control Officer" will proved the owner a temporary signed approval of custody while the owner and dog are completing required conditions.   DOG OWNERS LIABILITY ACT [65040], 2(b) PENALTY [65050] (4) $5000.00

23.        Identification of a "vicious" dog:
            Any dog determined to be "vicious" and not euthanized will be required to be tattooed by a qualified veterinarian at the "owner's" expense, with a distinctive number (so as not to be confused with other I.D. tattoos) in the right ear.  
            A new licence will be issued to the "owner" and it will display this distinctive tattoo number.  The "Township" will keep a list of all such licences for easy referencing.
            Any person whose dog has been determined to be "vicious" and whose right to obtain a licence has been revoked by the "panel" shall not own, possess, control, or be in charge of a dog for a period of from three years to a perminent ban dependent upon the recommendations of the "panel".  MUNICIPAL ACT   SEC.210  4(a) REFERED TO BY 4(d)

24.        In the event that a human death is the direct result of an attack by a dog or dogs, or in the case that very severe injuries are sustained, the "Dog Control Officer" will recommend that the "owner" be charged with criminal responsibilty and that the case be dealt with in a criminal court of law.

25.        None of the "panel" or the "Township" or their staff in animal control or the elected officials, may be held responsible if a dog determined to be "potentially dangerous" or "vicious" should at a later date cause and injury to a human or to a dometicated animal either because of escape from and "enclosure" or in any other circumstances.  The "owner" of said dog must be held responsible for the actions of his/her dog.

26.        In the event that any Court should determine that any section of this By-Law is invalid or ultra vires, such section, if the context permits shall be severable and the remainder of the By-Law shall continue in full force and effect.

27.        By-law No. 89-55 of the Township and any amending By-law or By-Laws are hereby rescinded.

28.        This By-Law shall come into full force and effect on the __ st day of _________ , 19__.

    SCHEDULE A

EVIDENCE


Determination of a "potentially dangerous" or "vicious" dog by the "panel".  In making a determination that a dog is or is not the above, evidence of the following shall be considered;(DOG OWNER'S LIABILITY ACT - RSO 1980, c. 124, as amended by 1989, c. 72, s. 18; 1989, c.84, s. 20, [65,045]

1.    The past and present temperament and behaviour of the dog.

2.    The seriouness of the injuries caused by the biting or the attack.

3.    Unusual contributing circumstances tending to justify the action of the dog.

4.    The improbability that a similar attack will be repeated.

5.    The dog's physical potential for inflicting harm.

6.    Precautions taken by the owner to preclude similar attacks in the future.

7.    Any other circumstances that the court considers to be relevant.

    SCHEDULE B
    NEW PENALTIES FOR BY-LAW

OFFENCE
PENALTY
Running at large, first offence
$50.00
Running at large, second offence 
$75.00
Running at large, third offence 
$100.00
PROVINCIAL OFFENCES ACT, 1989-c 84, s4(4)

 Unlicenced dog $100.00
Biting a Person
$350.00 - $1000.00
Injuring or chasing a person, biting, barking at/chasing stock,
bicycles, cars or other vehicles
$200.00
Damage to property or other animals
$250.00
Giving false information when applying for a dog or kennel licence
$500.00
Obstruction/interference   
$500.00

    NEW VICIOUS DOG PENALTIES
OFFENCE PENALTY
Chasing, injuring or biting a person or animal 
$750.00 - $1500.00
Damaging/destroying public or private property 
$1000.00
Failure to keep under the control of an adult person
$1000.00
Failure to keep properly confined
$750.00
Failure to keep muzzled, harnessed, or leashed properly
$500.00
Improper pen or other structure
$500.00
Running at large   
$500.00
PROVINCIAL OFFENCES ACT, 1989-c84, s 4(4)

Unlicenced "vicious" dog
$250.00